Modifying a Parenting Plan After Children Start School

[magni3d]

My question involves a child custody case from the State of: WA

My x and I have been divorced since march 05, the parenting plan has been in effect since two years prior. Our Daughter was not school age when the parenting plan was drafted, as a result in the section labeled school age children it only says reserved.

My x has declared that I have no parental time during the school year, and she now dictating to me when I may see my child. I have consulted the police, and naturally they did not want to involve themselves in a civil legal matter. I have heard that even since the parenting plan appears to be "expired" in this section, the plan and parental plan times are still valid and enforceable.

My question is this: Is there a law I can quote that states what I've heard.

I know that the parenting plan needs updating, the x refuses mediation, she says she likes it the way it is, I have no money, I'm unemployed, certainly cannot afford a lawyer, and having to go through the court facilitator my daughter would be 18 by the time I saw a judge.... she's 9 now. So I think my only hope is to find a legal foot to stand on and pester the prosecuting attorney until they do their job.

Thanks in advance for any help.

J.

[Dogmatique]

You need to file in court to modify the current order. This is, literally, unavoidable. You can also file contempt each and every time Mom withholds the child.

[asulover]

What does your current plan consist of? Every other weekend? 1/2 and 1/2? How far are you two living away from eachother? These things matter. You need to file through the court, it may takes months but its better then giving up. Judges highly frown upon parents keeping children from the other.

[Dogmatique]

They really don't matter.

If Dad wants the current order changed, he has to go to court. Ditto if he wants to have Mom held in contempt for withholding the child.

(Usually I'd agree that the details matter...but this is a no-brainer)

[magni3d]

I was really only asking about the law regarding my current situation.

thanks for the other advice, I've known this for a while, and been agonizing over it... There are SO many road blocks for someone who can not afford an attorney, as I said it is damm near impossible. The lady in the court house actually told me there were only 2 ways to modify a parenting plan, either with a lawyer or the facilitator.... to make an appointment with the facilitator you must call at 7:32am on Friday and beat out most everyone else in a similar desperate position... as I said before it is almost impossible, I have tried every Friday for 3 months trying to get an appointment that only goes for 20 minutes... and from previous experience it is not legal advice, only what forms to fill out.

This is why I'm interested in knowing the letter of the law, and hope I can find a sympathetic ear with the prosecuting attorney, seriously, even a phone call from them to her would possibly set things straight (er).

J.

[Dogmatique]

J, the prosecutor's office isn't getting involved with a custody matter.

Incidentally, the facilitator service takes walk-ins - in EVERY county where it's available. Yes, you might have to spend some time sitting there bored out of your skull (trust me!), but you will be seen.

(Yes, I live in WA).

And really - WA is not unfriendly to pro-se litigants. You CAN file yourself - you don't NEED an attorney if you're willing to learn.